How Cheating Affects Child Custody Decisions

Question:mens divorce attorney

Do child custody laws take infidelity into account when determining child custody?

My wife has confirmed cheating on me by having multiple affairs. I want to know what effect her confirmed cheating has on our divorce settlement, specifically how it impact a child custody determination.


This answer only includes general divorce information for men as I am only licensed to practice in Oklahoma and cannot provide advice on child custody laws in your state.

While confirmed cheating alone may not provide support for your child custody position, it is largely dependent on the facts of your case.

For example, if you have evidence to present to the court that your wife continually cheats and places your children in harm’s way or in inappropriate situations as a result of cheating, or neglects the children due to her cheating, this can certainly be helpful to your case for custody of the children.

Determination of custody in the state where I am licensed to practice law is based upon the best interests of the children. Therefore, if the cheating does not negatively affect the children, it most likely will not be considered by the court in a determination of child custody.

Divorce Resources:

State Child Custody Laws

Specifically regarding settlement of your custody case outside of court, it is possible for you to attempt to use the evidence of her cheating in your negotiations as an incentive for her to settle.

It is always best to seek legal advice on divorce matters from a family law attorney in your state who can review and analyze all relevant facts and child custody laws.

Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with Tulsa Divorce Lawyer Katherine V. Lewis, please contact Cordell & Cordell.

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3 comments on “How Cheating Affects Child Custody Decisions

    If I cheated and my husband has no proof just talk can the judge take my son away from me even if my husband is active in the army does not give me no money

    I cheated on my ex boyfriend for a period of time before I got pregnant. When I was pregnant and to this day I habe seen nor heard form the other person. I left the house of my babys father because he abused me verbally and emotionally. He has been able to see our child from that time on. I allow him to see him. Now he claims he wants full custody and is filling for family abandoment? Can he take my child away. ?

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